S.U. Khan, J. - (1.) HEARD Sri Anurag Khanna, learned Counsel for the employer, petitioner in the first writ petition and contesting respondent in the second writ petition and Sri L.S. Sharma, workman in person contesting respondent No. 7 in the first writ petition and petitioner in the second writ petition. The first writ petition is directed against order dated 6.9.2004 passed by Additional Labour Commissioner, Ghaziabad in proceedings under section 6 -H(1) U.P.I.D. Act L.S. Sharma v. M/s. Swadeshi Polytex Ltd., Ghaziabad directing recovery of Rs. 502251 from the employer as unpaid wages of the workman Sri L.S. Sharma and issuing recovery certificate for payment of the same to him.
(2.) SRI Sharma was an employee of M/s. Swadeshi Polytex Ltd. (hereinafter referred to as the employer). His services were terminated on 13.2.1975. Against his retrenchment respondent No. 7 L.S. Sharma raised industrial dispute after about 19 years. The matter was referred to the Labour Court wherein it was registered as Adjudication Case No. 511 of 1994. The matter was decided by the Labour Court against the workman on 16.8.1996 against which award the workman filed writ petition No. 9693 of 1997. The writ petition was allowed on 9.7.2003 and the matter was remanded to the Labour Court. In the last paragraphs of the said judgment it was observed as follows: considering long pendency of the litigation between the parties and since there is no interim order in this writ petition, therefore employers are directed to pay half of the wages that would have been paid had his services been not terminated on 12.2.1975 till the date of this judgment, as it was admitted that the employers have absolutely no material to demonstrate that the workman was gainfully employed during this period.
(3.) THE employer filed review petition for recall of the said direction which was rejected, matter was carried to the Supreme Court but S.L.P. was also dismissed.;